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94-192169

94 AUG-I

3101

CONSERVATION COVENANT

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THIS CONSERVATION COVENANT is made this dp day of

~LJ~ , 1994, bY~ESTON LAND CORPORATION, a Delaware

corporatio ("Reston").

BACKGROUND STATEMENT

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A. Reston is the owner in fee simple of that certain "

real property located in Fairfax County, and being more particularly described on Exhibit A attached hereto (the II Property") .

B. Reston desires to place restrictive covenants on the Property for the purposes of protecting and promoting wetland and habitat conservation (the "Conservation Covenant") .

C. Reston further desires to comply with that certain permit (the "Permit") issued by the Norfolk District, Corps of Engineers dated November 19, 1993 pursuant to Section 401 of the Clean Water Act (Permit No. 93-1447-40) to and including paragraphs 4(a) and 4(b) of said Permit.

NOW, THEREFORE, in consideration of the premises, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Reston, for itself, and its successors and assigns hereby creates this Conservation Covenant subject to the following terms and conditions and subject to the reservation of rights contained herein.

THE CONSERVATION COVENANT

1. Reston hereby subjects the Property to a covenant for the purpose of preserving in perpetuity the current natural vegetative, hydrologic and ecological state of the Property, subject to the conditions, limitations and reservations contained herein.

2. Reston agrees that, with regard to certain activities in or on the Property, Reston shall not:

A. Excavate, ditch, drain, dike or move the earth or sod, or make, or cause to be made, any topographical changes in the soil on the Property except to provide for infrastructure and public facilities as shown in the Permit and if necessary or required, approved by Fairfax County, and to supplement vegetation for aesthetic landscaping purposes;

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B. Dump or place soil trash, ashes, garbage, waste or other substances or materials, or cause such or other substances or materials to be dumped or placed, in or on the Property;

C. Remove, plow, destroy or interfere with the natural growth of trees, shrubs or other vegetation, or cause the actual growth of trees, shrubs or other vegetation, to be removed, destroyed or interfered with, except for the purpose of pruning or removal of intrusive, unprotected vegetation by hand, for aesthetic landscaping purposes;

D. Conduct activities, or cause to be conducted activities, on or in the Property, detrimental to the surface or subsurface hydrology or hydrologic features, drainage, flood control, water conservation, erosion control or soil conservation, or fish and wildlife habitat preservation;

E. Erect any building, billboard or advertising material, fence, road or other structure on the Property, except for signage created by the Virginia Department of Transportation or other governmental agency within public right of ways, and minimal structures for observation or management of the wildlife and ecological state of the Property to and including, without limitation, a walkway or boardwalks in compliance with all applicable federal, state and local laws, rules and regulations, and the Permit and provided that any such structure permits the natural movement of water and preserves the natural contour of the ground;

F. Alter permanently the waters or water courses in and on the Property.

Provided, however, nothing contained in this paragraph 2 shall require Reston to do or to refrain from doing anything that would cause Reston to violate any laws, statutes, rules or regulations of any governmental entity having jurisdiction over the Property;

3. It is contemplated by the Permit that a permanent pedestrian path will be created by Reston traversing the Property for access, use and maintenance. Therefore, notwithstanding anything to the contrary contained herein, Reston hereby reserves the right to create said pedestrian path, and reserves for itself, and its permitted assignees and grantees the right of pedestrian and vehicular access in, over and through the Property as may be

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necessary or appropriate to maintain, repair, replace and preserve, or satisfy the conditions of this Covenant or the Permit in whole or in part.

4. In addition to the reservation of rights contained in paragraph 3 above, this Conservation Covenant is subject to the existing rights of easement holders on the Property, and to the future right of Reston and any successors in interest to a portion of the Property to grant easements, with respect to the portion owned to: (a) utility companies including but not limited to gas, electric, water, telephone, cable and fuel (collectively, the "Utility Companiesll) for themselves and their successors-in-title, successors, assigns, agents, representatives, employees and contractors for the purpose of pedestrian and vehicular access under, over, through and across that portion of the Property owned, to construct and install, in whole or in part, utilities (the "Utilities") and thereafter to reasonably and necessarily maintain, use, repair and replace the Utilities; and (b) representatives of the Water Division of the Department of Environmental Quality, Commonwealth of Virginia, for the sole purpose of independently studying the wetlands, uplands and habitat on the Property (the "DEQ"). The Utilities and the DEQ shall request prior permission from Reston before entering the Property, and shall agree, in writing, to abide by this Covenant. Easements granted shall comply with applicable federal, state and local rules and regulations.

5. Further, subject to the provisions of paragraphs 1 through 4 of this Conservation Covenant, it shall be a condition running with the land that no activity will be performed on the Property in an area designated as an unaffected waters of the United States, including wetlands, which would involve a "discharge of fill material" as that term is interpreted and applied by the u.s. Army Corps of Engineers pursuant to its authority under Section 404 of the Clean Water Act, unless such activity is specifically authorized by the Corps of Engineers through issuance of an individual permit for the activity, or through an express written finding by the Corps that such activity may proceed by Nationwide Permit authorization consistent with the Corps' policies concerning

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subdivisions (33 CFR Part 330.6, Appendix B, paragraph 26: 56 Fed. Reg. S9~43) and the comprehensive treatment of project-related impacts.

6. Reston undertakes no affirmative obligation to protect the Property against third parties or to enforce the terms hereof against third parties.

7. This Conservation Covenant shall run with the Property and shall bind and restrict the owners of any portion thereof,

provided, however, that any violation of this Conservation Covenant by an owner of a portion of the Property shall constitute the violation by that owner alone and no other owner or other party shall be deemed thereby to be in violation hereof.

8. Reston agrees to record this document among the land records of the Circuit Court of Fairfax County, Virginia.

9. The covenants contained herein shall not hereafter be altered in any respect without express written approval and consent of the Norfolk District, U. S. Army Corps of Engineers.

10. The provisions hereof shall be deemed individual and severable and the invalidity or partial invalidity or unenforceability of anyone provision or any portion thereof shall not affect the validity or enforceability of any provision thereof.

IN WITNESS WHEREOF, the Reston has executed this instrument, under seal, by their duly and authorized officers or representatives on the date above written.

RESTON LAND CORPORATION

"

STATE OF VIRGINIA

COUNTY OF FAIRFAX, to-wit:

The foregoing instrument was acknowledged before me this 29

day of July 199 _!, by John W. Farrar , Vice

President of Reston Land Corporation, a Delaware corporation, on

behalf of the corporation. ~ __ f"'\ ~ ~ .

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My commission expires Noverrber 30. 94

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EXHIBIT A

Reston Section 912 A & B

Description of Wetland Mitigation Area

on Two Parcels of the Property of Reston Land Corporation

Beginning at a point on the southerly line of the property of GTE Realty Corporation

as acquired in Deed Book 6190 at Page 521. said point being North 62 ·08'37" West. 293.03

feet from the intersection of said southerly line with the westerly right-of-way line of Sunrise

Valley Drive, Deed Book 5434 Page 1410; thence departing said GTE Realty Corporation

and running through two parcels of property of Reston Land Corporation as acquired in

Deed Book 4926 at Page 299 and in Deed Book 6977 at Page 510

South 58· 53'14" West, 24.05 feet to a point: thence

South 74· 03'34" West, 104.29 feet to a point; thence South 47-19'51" West. 68.21 feet to a point; thence South 26 - 07'46" West. 57.83 feet to a point; thence South 01- 42'44" East, 109.71 feet to a point; thence South 23 - 58'48" West. 34.19 feet to a point; thence

South 4S - 27'34" West. 56.66 feet to a point; thence

South 72 - 26'05" West, 135.63 feet to a point; thence

South 37 - 54'29" West. 45.84 feet to a point; thence

South 03 - 04'49" East. 69.14 feet to a point; thence

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South 27" 58'50" East, 101.23 feet to a point; thence

South 01"21'08" West, 70.43 feet to a point; thence South 32"02'31" West, 107.66 feet to a point; thence

South 03"22'59" West, 78.34 feet to a point on said line of Sunrise Valley Drive;

thence running with said Sunrise Valley Drive

155.20 feet along the arc of a curve deflecting to the right having a radius of 755.00 feet and a chord bearing and distance of South 78"40'19" West, 154.93 feet to a point;

thence

South 84"33'38" West, 415.60 feet to a point; thence departing Sunrise Valley Drive

and running through said parcels of the property of Reston Land Corporation

North 14"08'15" West, 89.69 feet to a point; thence North 32"43'18" West, 125.13 feet to a point; thence

North 09" 22'52" East. 371.90 feet to a point; thence

North 15 "49'30" West, 93.12 feet to a point; thence North 49·19'12" East, 145.02 feet to a point; thence North 57" 42'41" East, 303.95 feet to a point; thence North 48" 06'15" East, 183.95 feet to a point; thence

North 42· 45'00" East, 108.36 feet to a point on said line of GTE Realty Corporation; thence running with said line of GTE Realty Corporation

South 62·08'37" East, 519.96 feet to the point of beginning,

Containing 668,775 square feet or 15.35296 acres, more or less.

AUG -I 94 RECORDED fAIRFAX CO VA rES~_-:r. ~ ~- ::'~Ri~

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